Wills And Trusts Cases

Front 1

Shriner’s Hospitals for Crippled Children

Back 1

A trustee has a duty not to delegate his or her responsibilities.

Instant facts: A trustee delegated her investment duties to her brother, who embezzled a great deal of the trust funds with which he was entrusted.

Front 2

Estate of Collins

Back 2

Under the prudent investor rule, a trustee has a duty to reasonably diversify investments to protect the trust property.

Instant facts: Trustees invested a substantial portion of the trust assets in a risky transaction involving a loan of the trust funds to a construction company which later became insolvent and couldn't repay the trust.

Front 3

In Re Rothko

Back 3

Trustees violate the duty of loyalty by engaging self-dealing or transactions involving conflicts of interest.
The duty of loyalty imposed on the fiduciary prevents him from accepting employment from a third party who is entering into a business transaction with the trust.

Instant Facts: The daughter of a famous painter brought suit against the co-executors and trustees of her father's estate alleging serious conflicts of interest, self-dealing and impropriety in the manner in which they managed her estate.

Front 4

Hartman

Back 4

A trustee may not purchase trust property for himself without authorization from the court.

Instant facts: An executor's wife bought the real property at auction for less than the fair value.

Front 5

Smithers

Back 5

Case Represents Modern Minority Approach-The common law rules is that the settlor does not have standing to enforce the terms of the trust unless the settlor retains an interest in the trust property.

Instant Facts: Wife sought to enforce trust agreement of deceased alcoholic control-freak.

Front 6

Herzog Foundation

Back 6

Donor does not have standing unless the donor reserved that right in trust document.

Instant Facts: A donor that gave money to a University to provide medical-related scholarships sued to enfore the terms of the gift after the university had closed its doors.

Front 7

In re Neher

Back 7

When a donor has a general charitable purpose for a gift or devise, the doctrine of cy pres can used to modify the gift if the original intention of the donor becomes illegal or impossible.

Instant Facts: Trustees of a village to which a testatrix left her real estate and directed it be used as a hospital in memory of her husband petitioned the court to modify the will to allow them to build an administration building rather than a hospital.

Front 8

Shenandoah Valley National Bank

Back 8

To be upheld as a valid charitable trust, the dominant intent of the settlor or testator must have been charitable rather than merely benevolent.

Instant Facts: Would-be intestate heirs challenged a will in which the T created a "charitable trust" to distribute money to children enrolled at a specific elementary school biannually before Christmas and Easter. No.

Front 9

Loring

Back 9

Absent a gift in default of appointment, if a special power of appointment is not exercised, the appointive property passes to the objects of the power.

Instant Facts: The last survivor of a trust's W left a life estate to his widow, but did not appoint the trust principal.

Front 10

Beals

Back 10

A special testamentary power of appointment may be exercised in a general residuary clause in a will.

Instant Facts: A daughter bequethed a turs released her right to appoint anyone other than a surviving decendant of T, thus turning a general power into a special power. Daughter's W contained a general residuary cluase but no specific exercise of the special power of appointment.

Front 11

Seidel

Back 11

A contract to exercise a testamentary power of appointment in a particular way is unenforceable.

Instant Facts: A trust beneficiary with a testamentary PoA contracted to exercise that power in favor of his 2nd ex-wife and their two children. The trust beneficiary subsequently executed a W exercising the PoA in favor of his 3rd wife.

Front 12

Sterner

Back 12

An attempted limitation following a fee simple gift is void.

Instant Facts: T died leaving all his property to his surviving wife with the absolute power to dispose of the property as she may desire. The W also provided that, if any of the property was reamining upon the wife's death, it was to pass to the T's foster daughter.

Front 13

Irwin Union Bank & Trust

Back 13

An unexercised general power of appointment prevents creditors from reaching trust property.
Contra to CA Rule § 682: Creditors of a donee of a general power presently exercisable are permitted to reach the appointive property, albeit sometimes with the qualification that the creditor must first exhaust the donee’s own assets before resorting to the appointive property.

Instant Facts: Judgment creditor sought property held in trust created for the benefit of the debtor. The trust allowed twithdrawal of prinicipal from the trust, but the debtor had never made any withdrawals.

Front 14

Young

Back 14

CA CASE AND RULE: Restitution creditor cannot reach assets of a discretionary trust unless trustee exercises discretions to make payment to beneficiary.

Instant Facts: Restitution judgment creditor filed petition to compel trustee of discretionary support trust to invade trust assets to enforce restitution judgment against trust beneficiary. The Superior Court denied petition. Creditor appealed.

Front 15

Canfield

Back 15

CA CASE AND RULE: Under § 859, a judgment creditor is able to reach the surplus of a trust's income held by the trustee beyond the amount necessary for the support of the beneficiary.

Instant Facts: Even though the trustee was served with process by the judgment creditors, the trustee paid out the entire income under the trust to the beneficiary. Judgment creditors filed actions in the nature of creditors' bills under Cal. Civ. Code § 859 against respondent trustee, seeking to reach the claimed beneficial interest of the beneficiary in a discretionary spendthrift trust.

Front 16

Estate of Brown

Back 16

Beneficiaries may not terminate a trust.

Instant Facts: Remaindermen of trust sought to terminate trust early. No

Front 17

Testamentary Trust of Stuchell

Back 17

Terms of a trust may not be modified after settlor's death unless modification prevents the purpose of trust from being substantially impaired due to circumstances that arise after settlor's death and which were unknown to settlor at time trust was created.

Instant Facts: Where beneficiaries of trust sought to modify terms to allow continuation of trust in order to protect disabled remainderman from losing state benefits the court refused to modify the trust.

Front 18

In Re Lawrence

Back 18

Off-shore trust accounts can often be reached for debts and the like by using the courts contempt powers.

Instant Facts: The bankruptcy court held the defendant in contempt for failing to turn over certain trust assets to the bankruptcy trustee. an offshore trust. An arbitration judgment was issued against the settlor. The trust was amended so that the settlor's powers would terminate in the event of his bankruptcy. Another amendment was added that proscribed the settlor's ever becoming a beneficiary of the trust. The settlor filed a voluntary petition in bankruptcy. The bankruptcy trustee sought an order directing the settlor to turn over the assets of the trust. The order was granted. The court held the settlor in contempt when he failed to turn over the trust assets. The bankruptcy court ordered the settlor's incarceration pending compliance. The court of appeals affirmed.

Front 19

Affordable Media

Back 19

Instant Facts: P's formed a limited liability company to serve as the primary telemarketer of media units. The group was unable to sell enough products to return the promised yields to the media-unit investors because it was a Ponzi scheme. A preliminary injunction was entered against appellants, which required appellants to repatriate any assets held for their benefit outside of the United States. Appellants refused to comply with the order and the lower court held them in civil contempt of court.

Front 20

Ventura County Department of Child Support Services

Back 20

CA CASE AND RULE: Under § 15305 the trial court could order the trustee to make the support payments based on the child support judgments for past and future support, noting that the trustee's failure to do so constituted bad faith in violation of CPC § 16081(a).

Instant Facts: The father failed to pay child support for his children from three different women. The father was the beneficiary of a discretionary trust that had a spendthrift clause. The trial court ordered child support arrearages and ongoing support from the trust to satisfy the father's obligation. The trustee objected, but on appeal the court affirmed noting that the trust was to provide for the support, care, maintenance, and education of the beneficiary and his brother and, upon the death of either, for their children.

Front 21

Shelley

Back 21

Income from and corpus of spendthrift trust may be satisfied by taking trust funds.

Instant Facts: Child support and alimony obligation of beneficiary of spendthrift trust may be satisfied by taking trust funds.

Front 22

Schefel

Back 22

General creditor can protect himself where as tort victims have no ability to protect themself.
Instant Facts: The tortfeasor was the beneficiary of a trust containing a spendthrift provision. The trial court held that the spendthrift provision barred the mother's claim against the trust. The appellate court held that N.H. Rev. Stat. Ann. § 564:23(I) provided two exceptions to the enforceability of spendthrift provisions, neither of which was applicable.

Front 23

Marsman

Back 23

Trustee who failed to give money to man going broke is not personally liable for breach of his duties.
Trustee has duty to inquire as to beneficiaries needs when managing trust set up for beneficiary’s support.
Inclusion of an exculpatory clause in an instrument under which you are a trustee is not per se invalid.

Instant Facts: Beneficiary of trust created by his wife's W for his support went broke and lost house despite trust set-up to support him and maintain house.

Front 24

Olliffe

Back 24

Semi-secret trust not enforceable for lack of an ascertainable beneficiary.

Instant Facts: Bequest to beneficiary of W to be used in his discretion as he knew decedent wishes, failed to establish trust for lack of an ascertainable beneficiary.

Front 25

Hieble

Back 25

Agreement between parties regarding transfer of land will be upheld if parties are in confidential relationship, even if fraudulent activity is not present and despite SoF.

Instant Facts: Mother transferred deed to her home to her son who, despite his promise to reconvey it to her upon her recovering from cancer, refused to convey the home back to her when she requested he do so.

Front 26

In re Searight’s Estate

Back 26

Honorary trust enforceable where trustee applies trust corpus to purpose of trust and trust does not violate RAP.

Instant Facts: Trust created by decedent's W for care of his dog Trixie deemed enforceable because of trustee's agreement to take on duties.

Front 27

Clark

Back 27

A bequest to an indefinite person or group is invalid.

Instant Facts: Trust created by dependent’s will for "friends" fails for want of an ascertainable beneficiary.

Front 28

Speelman

Back 28

Gift of property to be acquired in the future is valid so long as donor has right to receive future property and there is an expectation that the same will be received.

Instant Facts: Writer and licensee's gift of share of profits from his musical version of Pygmallion to his secretary before profits were earned held enforceable.

Front 29

Brainard

Back 29

Found trust can be created from promise to create trust with property to be acquired in the future, if, after acquiring the property, settlor re-manifests an intent to create a trust.

Instant Facts: Taxpayer, who promised to give profits from trading in stocks to his family, responsible for taxes on all profits.

Front 30

Unthank

Back 30

Declaration of trust requires clear expression of intent to create a trust.
Promise to pay cash monthly forever dies with promisor.

Instant Facts: Decedent's promise made prior to his death to pay $200 per month and attempt to bind his estate to continue such payments after his death held unenforceable.

Front 31

Hebrew University Assoc. II

Back 31

Even though property that is the subject of gift is not actually given away, the gift is valid so long as the donor divests herself of ownership.

Instant Facts: Scholar's wife's verbal donation of her husband's library to university held valid inter vivos gift despite lack of actual delivery of books.

Front 32

Hebrew University Assoc. I

Back 32

• If a donor intents to make an inter vivos gift but fails to complete the gift by effecting delivery of the gifted property, implying a declaration of trust will not save a gift.
•When a gift fails for lack of delivery, a trust cannot save the day.


Instant Facts: Scholar's wife's verbal donation of her husband's library to university held valid inter vivos gift despite lack of actual delivery of books.

Front 33

Jimenez

Back 33

• A gift to a minor can lead to trust creation.
• The words “in trust” need to be used to create a trust so long as the transfer of property is made with the intent to vest ownership in a third party.

Instant Facts: Daughter, recipient of two gifts as a minor, sought an accounting from her father for his management and disposition of the gifted property.

Front 34

Lux

Back 34

• A class closes when one member of the class is entitled to take under the will.
• There is no fixed formula as to when a testamentary disposition should be classified as an outright gift or a trust, the result depends on the circumstances of the case.


Instant Facts:

Front 35

Franzen

Back 35

• Under common law, a power of attorney that appears to give the agent sweeping powers to dispose of the principal’s property is to be narrowly construed in light of the circumstances surrounding the execution of the agency agreement.
• A principal may confer authority to amend or revoke a trusts of an agent without referring to the trusts by name in the power of attorney.

Instant Facts: An elderly woman's brother is fighting the bank as trustee of his sister's assets in order to take control and revoke trust. Yes.

Front 36

Lee

Back 36

CA CASE & RULE: Where the other owner of an account dies, and a person possesses unrestricted right to withdraw and apply funds to her own benefit, ownership of the funds passes to her by way of gift under the gift tax rule.

Instant Facts: The intended's primary contention was that he owned the funds that the fiancée withdrew from the bank accounts and therefore she had to reimburse him.

Front 37

Franklin

Back 37

• Joint tenancy is not conclusive as to depositor’s intention between themselves.
• In order to go behind the terms of a joint tenancy agreement, the one claiming adversely thereto has the burden of establishing by clear and convincing evidence that a gift was not intended.

Instant Facts: The executor is suing a signator on decendent's joint bank account, arguing that D did not inetend to make a gift of the account.

Front 38

Clymer

Back 38

• Divorce revokes dispositions in favor of the divorced spouse, but not necessarily the relatives of the divorced spouse.
An unfunded life insurance trust is an inter vivos trust.
Divorce revokes dispositions in favor of the divorced spouse, but not necessarily the relatives of the divorced spouse.
• An unfunded life insurance trust is an inter vivos trust.

Instant Facts: Clara died 3 years after she divorced her H, never having changed the terms of trust agreements providing hfor him upon her death.

Front 39

Reiser

Back 39

• It violates public policy for an individual to have an estate to live on but not an estate with which to pay his debts.
• Where a person places property in trust and reserves the right to amend and revoke, or to direct disposition of principal and income, the settlor’s creditors may, following the death of the settler, reach in satisfaction of the debts to them, to the extent not satisfied by the settlor’s estate, those assets owned by the trust over which the settlor had such control at the time of his death as would have enabled the settler to use the trust assets for his own benefit.

Instant Facts: A bank sued to reach the assets of a decedent's trust to pay a debt owed by the estate of the settlor of the trust.

Front 40

Estate and Trust of Pilafas

Back 40

• The settled and predictable common law rules governing the revocation of trust should not be displaced by the distinct statutory rules for the revocation of wills.
• A will last seen in the testator’s possession that cannot be found after his death is presumed revoked, however, when a settlor reserves a power to revoke his trust in a particular manner, he can revoke it only in that manner.

Instant Facts: The original trust and will documents of a decendent could not be found after his death, so his children seek to have them declared revoked. Will: Yes--> Trust: No

Front 41

Farkas

Back 41

• Some states require
The retention by the settlor of a trust of the power to revoke, even when coupled with the reservation a life interest in the trust property, does not render a trust inoperative for want of execution as a will.
• The retention of the power by the trustee to sell or redeem the stock and keep the proceeds for his own use does not render a trust instrument testamentary in character and does not invalidate an inter vivos trust.

Instant Facts: A settlor/trustee died intestate and his heris sued for the trust B, claiming that the property held was an invalid inter vivos trust. Yes.

Front 42

Dawson

Back 42

Generally, naming an individual in a bequest prevents the gift from becoming a class gift.

Instant Facts: A testatrix devised an interest in land to two of her nephews, one of whom was deceased, and the other nephew is challenging the bequest.

Front 43

Jackson

Back 43

The words “and” and “or” may be substituted for each other in arriving at a proper construction of a will.

Instant Facts: The stepchildren of the D are suing Schultz for SP of a contract they entered to sell a house they inherited through their stepfather.

Front 44

Allen

Back 44

The primary concern of the court in the construction of a will is to determine the testator’s intent.
The phrase “living brothers and sisters: used in a will constitute words of survivorship such that application of the antilapse statute is precluded.

Instant Facts: Lewis Jf (P) challenges his aunt's will, which left her estate to her living brothers and sisters, making no provision for him since his father is dead.

Front 45

Estate of Russell

Back 45

CA CASE: A dog cannot be the beneficiary under a will; any such attempt will render the gift void.
The portion of any residuary estate that is the subject of a void gift to one of the residuary beneficiaries remains undisposed of by the will and passes to the heirs-at-law.

Instant Facts: Thelma's niece challenged the W after Thelma attempted to leave her estate in equal shares to her dog and a boyfriend, thereby excluding the niece.

Front 46

Estate of Alburn

Back 46

The doctrine of DRR applies to the unusual situation in which a T revokes a will under the mistaken belief that by doing so he is reinstating a prior will; in this situation, the doctrine renders the revocation ineffective and the second will admitted for probate.

Instant Facts: A lawsuit followed the deat of a woman who had execute two wills prior to her death.

Front 47

LaCroix

Back 47

Where sole intention of testatrix in executing codicil, which was void because residuary legatee's husband was subscribing witness, was to eliminate uncertainty as to identity of other residuary legatee and no change of beneficiaries or amount or nature of any gifts under will was made by codicil, doctrine of dependent relative revocation applied and gift to residuary legatee under will continued in effect.

Instant Facts: Action by niece of testatrix, who was left nothing under aunt's will, for declaratory judgment determining whether residuary gift in codicil to will was void, and other questions, brought to Superior Court in Windham County and tried to the court, Daly, J., wherein judgment was rendered adverse to niece, who appealed and defendants cross-appealed. The Supreme Court of Errors, Brown, C. J., held that where sole intention of testatrix in executing codicil which was void because residuary legatee's husband was subscribing witness was to eliminate any uncertainty as to identity of other residuary legatee and no change of beneficiaries or amount or nature of any gifts under will was made by codicil, doctrine of dependent relative revocation applied and gift to wife, under will, continued in effect.

Front 48

Estate of Jones

Back 48

CA CASE: Gift to named stepchildren contingent on spouse’s failure to survive revoked by dissolution of marriage.

Instant Facts: Ex-stepdaughter appealed trial court ruling that testator's former stepdaughter lost her status as residuary beneficiary when testator and stepdaughter's mother were divorced. On appeal it was held that rights of former stepdaughter as a residual beneficiary under the will were terminated by the divorce.

Front 49

Lauermann

Back 49

CA CASE and Rule: Photocopy is not a “duplicate original.”

Instant Facts: The issue in the case was the meaning of the term "duplicate original" as used in Cal. Prob. Code § 6124. The instant court held that the term did not include a photocopy not personally executed by the testator and witnesses. Accordingly, the presumption that the testator destroyed his will with the intent to revoke it applied.

Front 50

Thompson

Back 50

A will cannot be revoked simply by writing words purporting cancellation on the back of the will.
If written words are to be used for the purpose of revoking a will, they must be so placed on the will as to physically affect the written portion; merely writing on the blank parts of the will is not enough.

Instant Facts: A W with words written on its back purporting canellation of the W was challenged with was admitted to probate.

Front 51

Harrison

Back 51

If a person destroys a copy of his or her will, a presumption arises that the will and all duplicates, whether in or out of the person’s possession, have been revoked.

Instant Facts: The administrator of a deceased woman's estate attempted to probate a duplicate copy of a will whose oringingal been destroyed at the request of the D.

Front 52

In Re The Estate Of Charles Kuralt

Back 52

Case is example of Dispensing Power:

Instant Facts: Testator's longtime personal companion challenged testamentary disposition of testator's real and personal property. On remand, the trial court entered judgment for companion, finding that testator executed a valid holographic codicil transferring property to companion. Estate appealed. It was held that: (1) evidence supported finding that testator's letter to companion expressed his intent to effect posthumous transfer of property to companion, and (2) letter was a codicil as a matter of law.

Front 53

In re Southworth

Back 53

CA CASE & RULE: Incorporation of material invalidates holographic will.

Instant Facts: In a contested probate proceeding, the trial court found that an animal shelter donor card filled out by the decedent was a holographic will and admitted it into probate. Overturned on appeal.

Front 54

In re Brenner

Back 54

CA CASE & RULE: Photocopy of handwriting is “in the handwriting of the testator”

Instant Facts: A decedent's attorney filed a petition to probate a handwritten, or holographic, will prepared by the decedent in 1995. The decedent's daughter (and executor) had petitioned for probate of the decedent's formal 1990 will. The purported holographic will that the decedent had given his attorney was a photocopy of a handwritten list of property dispositions, upon which there appeared handwritten ink additions.

Front 55

Kimmel's Estate

Back 55

A letter can be a valid photographic will, as can one of a variety of other documents.

Instant Facts: Two sons of a deceased man sought to a letter that their father sent them on the day of his death probated as a valid HW.

Front 56

Estate Of Hall

Back 56

T's wife applied to informally probate the joint will. Although no witnesses were present at the execution of the joint W of T and his wife, evidence indicated that T intended that the joint will be his will

Instant Facts: T's wife applied to informally probate the joint will. Although no witnesses were present at the execution of the joint W of T and his wife, evidence indicated that T intended that the joint will be his will

Front 57

In re Pavlinko’s Estate

Back 57

A will mistakenly signed by someone other than the testator is not valid.

Instant Facts: Difficulties arose when a husband signed his, and one was taken to probate after both of their deaths.

Front 58

Estate of Parsons

Back 58

CA CASE & RULE: A disclaimer of property bequeathed to a person in a will is ineffective to transform an interested witness into a disinterested one within the meaning of a statute requiring two disinterested witnesses to attest to the validity of a will.

Instant Facts: The distant and disinherited relatives of a deceased woman contested her W, trying to the property left to other people for themselves.

Front 59

Stevens

Back 59

Will was not validly executed, where the testator and witnesses did not sign the will or acknowledge their signatures in the presence of each other.

Instant Facts: Testator's nieces filed action to set aside will that left the bulk of testator's estate to his nephew. The Circuit Court entered summary judgment for nephew. Nieces appealed. Held that will was not validly executed.

Front 60

Lanham

Back 60

Where a devisee under a W already executed prevents the T by fraud from revoking the W and executing a new W in favor of another, so that the T dies leaving the original W in force, the devisee holds the property thus acquired upon a constructive trust for the intended devisee.

Instant Facts: Deceased's relative, Lathm (P) sued Father Devine (DP for CT based upon fraudulent revocation of a W.

Front 61

Osornio

Back 61

CA CASE & RULE: A CA Attorney may be liable to a third party for failure to advise of need for Certificate of Independent Review.

Instant Facts: Prospective beneficiary of will, which was contested by beneficiary of previous will, brought negligence action against attorney who executed subsequent will.

Front 62

Bernard

Back 62

A Good Samaritan caregiver cannot validly be a recipient of a donative transfer.

Instant Facts: Relatives who were beneficiaries of decedent's revocable living trust filed petition to invalidate trust amendment, which was executed by decedent three days before she died, designating decedent's longtime friends as residue beneficiaries.

Front 63

Rice

Back 63

CA CASE & RULE: Meaning of § 21350(a)(4): Person Who has a Fiduciary Rule with the Transferor…Who transcribes the instrument or causes it to be Transcribed

Instant Facts: A contingent beneficiary to testamentary instruments brought an action against the married couple who was named to receive the decedent's entire estate, seeking a declaration that the donative transfers to the couple were invalid because couple were prohibited transferees. The husband had provided the attorney who drafted the instruments with lists of the decedent's assets, and he encouraged the decedent to sign the documents when she showed reluctance.

Front 64

Estate of Rossi

Back 64

CA CASE & RULE: Application of “Safe Harbor” Provisions to Trust Amendment

Instant Facts: Petitioner filed an application in the Superior Court of San Joaquin County, No. PR75314, F. Clark Sueyres, J., to determine whether the probate petitions he planned to file would violate the no contest clauses in the will and declaration of trust executed by his father. The trial court ruled the petitions would not violate clauses. Trustee appealed.

Front 65

Estate of Stephens

Back 65

CA CASE & RULE: Under the amanuensis rule, where the signing of a grantor's name is done by another person with the grantor's express authority, the person signing the grantor's name is not deemed an agent but is instead regarded as a mere instrument or amanuensis of the grantor, and that signature is deemed to be the grantor's signature. The amanuensis rule may be invoked as an exception to Civ. Code, § 2309 (oral and written authorizations for agents). Further, there is no requirement that an amanuensis must sign the document in the presence of the principal. Whether the principal directs the amanuensis by telephone or the principal, in person, tells the amanuensis to sign the document and the actual signing is done outside the principal's presence, a court is required to determine whether the signing is a mechanical act.

Instant Facts: In a probate proceeding, the trial court rejected the petition of the decedent's son to return real property to the estate. The decedent had transferred his residence to himself and his daughter as joint tenants, and he orally instructed the daughter to sign his name to the deed.

Front 66

Will of Kaufmann

Back 66

Lawyers are held to a high standard regarding UI when left money in a devise.

Instant facts: Where a T trust fund baby alienated all his realitves and left the money to his live-in financial manager, the court found the devisee exploited his relationship.

Front 67

Will of Moses

Back 67

Presumption of undue influence exists where non-draftor attorney is beneficiary under a will of his client with whom he is having a sexual relationship.

Instant facts: An older woman

Front 68

Lipper

Back 68

Undue influence requires that the testator be overcome by the desires of another.

Instant facts: Grandchildren, Weslow (P) contested grandmothers W based upon UI by the grandmother's lawyer son who drafted the W. No.

Front 69

Moore

Back 69

CA CASE & LAW: An attorney preparing a will for a testator owed no duty to beneficiaries to ascertain and document the testamentary capacity of the client.

Instant facts: The amendments to the estate plan were prepared while the testator was terminally ill and extremely weak. The beneficiaries, who received less from the estate than they would have received without the amendments, contended that the testator lacked the capacity to understand his estate plan at the time of its amendment, because he was confused and under the influence of strong medications.

Front 70

Honigman's Will

Back 70

An insane delusion, which affects the will, results in the will being invalid.

Instant facts: P objected to probate of her H's W, which left the bulk of his estate to relatives, contending that he had an insane delusion that she was being unfaithful. Yes

Front 71

Estate of Strittmater

Back 71

A will that is the product of the testator’s insanity is not valid.

Instant facts: Heirs filed objection to probate of decedent man-hating Strittmater's W on ground that she was insane.

Front 72

Estate of Wright

Back 72

CA CASE AND LAW: The legal presumption is always in favor of sanity, especially after attestation by subscribing witnesses.

Instant facts:The testator was 69 years old and eccentric at the time he died. He kept junk and old liquor bottles hidden around his house. Not insane.

Front 73

Drye, Jr.

Back 73

Disclaimer

Front 74

Estate of Lowrie

Back 74

CA CASE AND LAW: A party must have standing to bring a claim for forfeiture of inheritance by elder abuse.

Instant facts: The trustee was in charge of a decedent's finances after the death of her husband. During this time period, the trustee allegedly isolated the decedent, caused her to change several trust documents, and committed acts of abuse. Yes

Front 75

Mahoney

Back 75

The doctrine of constructive trust is invoked to prevent a slayer from profiting from his crime, but not as an added criminal penalty.

Instant facts: A widow appealed from the Porbate Court's decreeing of her H's estate to his parents after she was convicted of killing him. VT manslaughter W can inherit.

Front 76

Estate of Joseph

Back 76

Under clear and convincing evidence standard which must continue during their joint lifetimes.

Instant facts: Where Petitioner foster child was taken in and raised by the decedent and his wife that predeceased the decedent. During petitioner's minority, both the decedent and his wife asked petitioner's natural parents for permission to adopt, but permission was never granted, the natural parent's refusal to consent to the adoption was a legal barrier to the adoption, but only while petitioner was a minor. Under § 6454, because the legal barrier did not continue until the decedent's death, the relationship between petitioner and the decedent did not qualify as that of parent and child.

Front 77

Estate of Ford

Back 77

CA CASE AND LAW: The theoretical basis for equitable adoption doctrine.

The foster son was placed in the foster father's home as a small child and lived there continuously throughout his childhood. His foster parents also cared for other foster children. The court affirmed the determination that there was no equitable adoption under § 6455. Clear and convincing evidence required.

Front 78

Woodward

Back 78

Lower standard than CA's:
CA: C & C E standard, written, 4 MONTH notice standard for notification of estate and < 2 years between death and insemination.

Instant facts: Wife uses dead dad's sperm to knock herself up.

Front 79

O'Neal

Back 79

A relationship less than that of legal guardian will NOT give one the authority to enter into an adoption K, and any such K is thus invalid.

Instant facts: A child was denied intestate inheritance from her "adoptive" father's estate because her aunt had no authority to K for her adoption.

Front 80

Minary

Back 80

CA CASE AND LAW: Adopting your wife will not make her your parents’ heir.

Instant facts: T's son adopted his wife for the purpose of making her an heir so she could take under the residuary clause of his mother's W.

Front 81

Estate of Dye

Back 81

CA CASE & LAW: Adopted-out children inherit from natural parent; statute in effect at time of death controls.

Instant facts: The decedent had two natural sons who were adopted away. Decedent and his second wife signed reciprocal form wills, leaving their property to each other. Decedent's spouse's son, the appellant, had been adopted by decedent. Under Cal. Prob. Code § 6451(a), the objectors were entitled to inherit part of the estate. Decedent was presumed to have understood the possibility all of his natural children would share in his estate. The trial court properly refused to consider extrinsic evidence about the decedent's intentions.

Front 82

Hall

Back 82

An adopted child shall be treated as a natural child of his adopted parents.

Instant facts: Four children who were adopted by their mother's second H were not allowed to inherit when their deceased natural father's brother died intestate.

Front 83

Janus

Back 83

Survivorship is a fact which must be proven by a preponderance of evidence by the party whose claims depend on survivorship.
The diagnosis of death must be made in accordance the usual and customary standards of the medical practice.

Instant facts: A mother sued for the life insurance proceeds on her son's life, after her son and daughter-in-law died from taking cyanide-laced Tylenol.

Front 84

Simpson

Back 84

A duty runs from a drafting attorney to an intended beneficiary, and an identified beneficiary has third-party beneficiary status.

Instant facts: Simpson Jr. sued he father's lawyer for negligence and malpractice in drafting the father's W such that Simposn Jr. (P) received less than he believed he was entitled.

Front 85

Shapira

Back 85

Public policy does not preclude the fulfillment of restrictions upon marriage as a condition of inheritance.

Instant facts: Contolling Jew dad screws son.

Front 86

Hodel

Back 86

The right to pass on valuable property to one's heirs is itself a valuable right.

Instant facts: Congress passed a statute providing that land owned by the Sioux would not pass by intestacy or devise, but instead would escheat to the Tribe.